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PISTELLO v. BOARD OF EDUCATION OF CANASTOTA CENTRAL SCHOOL DISTRICT

(US 2nd Circuit) - 19-1058-cv




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7 Arcos Recordings Is Celebrating 15 Years As An Independent Label Success!

"Rock On" The Little Label That Did And Is Still!




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Kafer: The summer of isolation is the time to replace your grass with water-friendly plants

You can reduce water use not by forgoing the recommended eight daily glasses of water, showering less often, or draining the fishbowl but by cutting back on grass, the turf kind, that is.




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Colorado mountain lions hit with new hunting plan as people spread

Mountain lions face an uncertain future under a new state plan to let hunters kill up to 15% a year across western Colorado, and more near subdivisions -- rankling animal rights advocates who favor a live-and-let-live approach to wildlife.




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Skunk tests positive for rabies recently in El Paso County

Health officials in El Paso County recently confirmed rabies in a skunk, the third positive test for the disease this year in the county.







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US v. DiTomasso

(United States Second Circuit) - Affirmed. Defendant appealed his conviction of producing child pornography, arguing the district court erred in denying his motion to suppress certain electronic communications at trial. Finding no merit in these claims, the court affirmed.



  • Criminal Law & Procedure

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Tobias Bermudez Chavez, et al. v. Occidental Chemical Corp.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.




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4 Pillar Dynasty LLC v. New York & Co., Inc.

(United States Second Circuit) - Affirmed in part, vacated and remanded in part. Finding no clear error in the district court’s determination that Defendant’s trademark infringement was willful, the award of gross profits was proper. However, the question of attorney’s fees and pre-judgement interest is remanded for further proceedings.




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Kirschenbaum v. Assa Corp.

(United States Second Circuit) - Affirmed. The district court ordered the turnover of Assa’s property to terrorism victims holding default judgments against the Islamic Republic of Iran. Held the district court had jurisdiction to do so, the panel affirmed.




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Doctor’s Associates, Inc. v. Alemayehu

(United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands for further proceedings.




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Eastman Kodak v. Bath

(United States Second Circuit) - Vacated & remanded. Finding the circumstances of these plaintiffs to be materially different from those in In re Aluminum Warehousing Antitrust Litig., the panel held that the district court erred in concluding the plaintiffs failed to establish antitrust standing.



  • Antitrust & Trade Regulation

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Yamashita v. Scholastic, Inc.

(United States Second Circuit) - Affirmed. Finding the plaintiff failed to name a single instance of infringement or breach of the terms of his licensing agreement with the stock photo company from which Scholastica obtained his photos, the panel affirms the district court’s dismissal.





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Pandora Subscriber Base Grows To Over 5 Million

Pandora Premium Paid Subscribers Cross The 1 Million Milestone In October 2017




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Streaming & Listening Diversity - Spotify Case Study

Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?




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Is Podcasting The New Radio?

25% Of Surveyed Americans Say They've Listened To A Podcast In The Past Month, Up From Less Than 10% In 2008




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Pop Artist Ava King Releases New Single

Paris-born Ava King Decided To Move To Beijing Where She Wrote For One Of The Biggest Chinese Movie Production Companies, HuaYi Brothers





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Connecticut Ironworkers Employers Association, Inc. v. New England Regional Council of Carpenters

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.




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Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc.

(United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses.




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Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation Inc.

(California Court of Appeal) - Affirmed the denial of an anti-SLAPP motion, in a lawsuit accusing certain organizations and individuals of attempting to restrain trade and monopolize a city's medical marijuana market.




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Eastman Kodak v. Bath

(United States Second Circuit) - Vacated & remanded. Finding the circumstances of these plaintiffs to be materially different from those in In re Aluminum Warehousing Antitrust Litig., the panel held that the district court erred in concluding the plaintiffs failed to establish antitrust standing.



  • Antitrust & Trade Regulation

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Come To The DISTURBING MUSIC 2018 Xmas Party

It's Happening Tonight, December 14, From 6-10 PM (PST)




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18th IMAs Call For Entries Now Open

Music Resource Group Today Announced The Official Call For Entries For The 18th Annual Independent Music Awards (IMAs) To Honor The Year's Best Indie Music & Visual Design Work From Around The World.




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Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.




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Jimenez-Castaner v. Liberty Mutual Insurance Co.

(United States First Circuit) - Reinstated a lawsuit alleging that an insurance company wrongfully denied coverage to a hospital medical director under a Directors and Officers insurance policy. The insurer argued that the loss was not within the scope of the insurance policy because it pre-dated the policy. Unpersuaded, the First Circuit vacated the entry of summary judgment for the insurer and remanded the case for further proceedings.




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Lassend v. US

(United States First Circuit) - Affirmed the denial of habeas relief to a defendant who challenged his sentence under the Armed Career Criminal Act (ACCA). The defendant argued that his designation as an armed career criminal was unconstitutional under recent Supreme Court precedent, but the First Circuit disagreed, holding that current law still considers three of his convictions to be ACCA predicates.




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US v. Villodas-Rosario

(United States First Circuit) - Held that a defendant was barred from appealing his sentence because his plea agreement contained a waiver-of-appeal clause. The defendant, who pleaded guilty to knowingly possessing a firearm in furtherance of a drug trafficking crime, asserted that the waiver-of-appeal provision should not be enforced. The First Circuit observed that there is confusion in circuit precedent as to the proper standard for evaluating the enforceability of an appellate waiver. The panel ultimately concluded here that the waiver of appeal must be enforced, and thus dismissed his appeal.




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US v. Arias-Mercedes

(United States First Circuit) - Affirmed a conviction on drug-smuggling charges. The defendant, who was caught with two other men aboard a vessel carrying 70 kilograms of cocaine, argued that he was a mere transporter of the contraband and thus was entitled to a minor participant reduction under the U.S. Sentencing Guidelines. Finding no error in the sentence, the First Circuit affirmed.




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US v. Freitas

(United States First Circuit) - Affirmed convictions of bulk-cash smuggling and currency structuring. The defendant argued that his convictions must be vacated because of erroneous evidentiary rulings, improper jury instructions, and other errors. Unconvinced by his arguments, the First Circuit affirmed.



  • Criminal Law & Procedure

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Canadian Rock Band Across The Board Set To Release Second Full Length Album “Sonic Boom”

Toronto-based Rock Band, Across The Board Will Release Their Second Full-length Album, "Sonic Boom" On May 4, 2018. Produced And Recorded In Toronto By MC2 Music Media, The Album Pays Homage To A Band




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Canadian Celtic Rock Group Fiùran Releases A Wonderfully Refreshing & Haunting New Album

Which Names Spring To Mind When You Think Of Folk Rock Music? Jethro Tull, Perhaps?




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CANADIAN JORDAN ST.CYR RELEASES NEW SINGLE IN U.S. MARKETS

Canadian Singer Jordan St.Cyr, Who Recently Was Selected As CMUnited’s Artist Of The Year At The 1st Annual Christian International Talent Contest, Is Releasing A New Single To U.S. Christian Radio




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CANADIAN TRIO BEYOND THE SUN RELEASES A SUMMER POP SMASH STOP

Beyond The Sun, The Canadian Reared Trio Of Brothers, Premiered Their Latest Release STOP On All Major Online Retailers Today.




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Port Stanley’s Own Recording Artist Frank Trousdell Signs Record Deal With Bongo Boy Music Group From St. Thomas, ONT. Canada

Bongo Boy Music Group/Bongo Boy Records Are Very Excited To Sign A Complete Full-length Album By Talented Canadian Recording Artist Frank Trousdell.




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Canadian Americana Artist Tia McGraff Announces August CD Release Party In Windsor, Ontario

Award-winning Canadian Singer-songwriter Tia McGraff Has Announced Her CD Release Party For New Album, "Stubborn In My Blood," (out August 13th.)




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“The Last Dance” director talks project on Michael Jordan’s Chicago Bulls

The series was moved up two months to provide content-starved fans with something new to watch during the coronavirus pandemic. ESPN was originally planning to release the documentary in June, coinciding with what would have been this season’s NBA Finals.





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Nicolas Cage to star as Joe Exotic in limited TV series

The Joe Exotic phenomenon keeps growing, with Nicolas Cage to star in a TV miniseries about the colorful wild animal owner made famous by the “Tiger King” docuseries.





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Denver Public Schools likely to mix in-person classes with remote learning beginning in August

Denver Public Schools leadership announced Thursday that the next academic year is expected to begin on time in August, but likely will consist of a mix of in-person and remote learning in an effort to maintain social distancing and prioritize health and safety.




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Guest Commentary: Once again, we must ask what we can do for our country

Sixty years ago, a young president urged us to ask what we could do for our country. We have not heard that challenge since. But now our health and economic threats require us to renew that challenge and recover the ideal of service.




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Feldman: America has no plan for the worst-case scenario on COVID-19

In the midst of the constant up-and-down of coronavirus news, both from science and the markets, it’s easy to lose sight of the scariest scenario of them all: the one where there’s no magic bullet. In this entirely plausible situation, there would be no effective Covid-19 vaccine or transformative therapy; the combination of testing and contact tracing wouldn’t successfully suppress the outbreak; and herd immunity would come, if at all, only after millions of deaths around the world.




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Friednash: Deploy federal funds to feed seniors and rescue Colorado’s restaurants

The restaurant industry predicts that as many as 30% of all Denver restaurants and 22% statewide may permanently go out of business if they can’t open before the end of May.




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Guest Commentary: We need a new measure of success — economic and political — that accounts for sustainability

How strong is our economy if it can’t absorb shocks? If growth comes at a great expense to future generations? And where is the scorecard that tells us how we are actually doing?




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Douglas Langworthy, curator of DCPA’s New Play Summit, dead at 61

Douglas Langworthy, director of new play development at the Denver Center for the Performing Arts, died Monday at the age of 61, the DCPA said.




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Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.